INTRODUCTION:

Trade unionism is a worldwide movement and the highly strategic position

occupied by trade unions in modern industrial society has been widely recognized.
The early unions were formed as partly as social clubs but soon became increasingly
concerned with improving wages and working conditions, primarily by the device of
collective bargaining. With industrial development, however, local associations sooner
or later followed the expansion of production beyond the local market and developed
into national unions of the same trade. These in turn formed national union federations.
In most cases, employees associations or trade unions seem to have
emerged as protest movements reaching against the working relationships
and

condition

created

by

industrialisation.

When

industrialization

begins,

organization members have to be generally recruited from the ranks of

former agricultural labour and artisans who have to adapt themselves to the
changed conditions of industrial employment. They have to be provided with
new types of economic security wages / salaries, benefits and services etc.
Often they may have to learn to live together in newly developing industrial townships
and cities and also to adopt themselves to new working conditions and new pattern
of work-rules imposing discipline and setting pace of work to which they are
unfamiliar. Their old habits and traditions do not suffice to guide them in their daily
work-behaviour and in consequence they may be disorganized and frustrated.
Thus the growth of modern industrial organizations involving the employment of a
large number of workers / employees in new type of working conditions and
environment makes them helpless in bargaining individually for their terms of
employment. This led to the birth of trade unions in many countries and also in India as
well.

The term Trade Union has been defined in various ways because of wide
differences in the use of this term in different countries. Of all the definitions of a trade
union, the classic definition of Sidney and Webbs1 has been most popular.
According to them a trade union is a continuous association of wage-earners for the
purpose of maintaining or improving the condition of their working lives.
HISTORY:
Development of modern industry, especially in the Western countries,
can be traced back to the 18th century. Industrial development in India
on Western lines, however commenced from the middle of the 19th century.
The first organized Trade Union in India named as The Madras Labour Union
was formed in the year 1918. Since then a large number of unions sprang up in almost
all the industrial centres of the country. Similarly, entrepreneurs also formed
their organisations to protect their interests.
The first cotton mill in India was established in 1951 in Bombay and the
first jute mill in 1855 in Bengal. This was the beginning of the modern factory system
in India. After 1851 and 1855, the number of factories began to increase both in
Bombay and Bengal. Prof. S. N. Dhyani has observed that the year 1875 is landmark in
the history of trade union Movement. For the first time, in India factory workers united
together for securing better working conditions in the factories.

TRADE UNIONS IN INDIA:

There are nearly thirteen trade unions in India out of which only four
are the major unions of the country. They are:
The Indian National Trade Union Congress (INTUC) by the Congress.
1.

Sidney and Beatrice Webb in their book A History of Trade Unions (1920).

 All-India Trade Union Congress (AITUC) by the CPI.

United Trade Union Congress (UTUC) by the CPI (M).
Bharatiya Mazdoor Sangh (BMS) by the BJP.
DEFINITION:
Trade Unions are the groups set-up with the aim of trying to create
fairness and job security in a workplace.
Any combination, whether temporary or permanent, former primarily for the
purpose of regulating the relation between workman and workmen or between
employers, or for imposing restrictive conditions on the conduct of any trade or
business, and includes any federation of two or more trade unions.2
FUNCTIONS OF THE TRADE UNION:
The trade unions are organisations of and for the workers and the main
functions and objectives of a trade union are summarized below:
1. To safeguard workers against all sorts of exploitation by the employers, by
union leaders and by political parties.
2. To protect workers from the atrocities and unfair practices of the
management.
3. To ensure healthy, safe and conducive working conditions, and adequate
conditions of work.
4. To exert pressure for enhancement of rewards associated with the work only
after making a realistic assessment of its practical implications.
5. To ensure a desirable standard to living by providing various types of social

2. Section 2(h) of the Trade Union Act,1926

service health, housing, educational, recreational, cooperative, etc. and by

widening and consolidating the social security measures.
6. To guarantee a fair and square deal and social security measures.
7. To remove the dissatisfaction and redress the grievances and complaints of
workers.
8. To encourage workers participation in the management of industrial
organization and trade union, and to foster labour-management cooperation.
9. To make the workers conscious of their rights and duties.
10.To impress upon works the need to exercise restraint in the use of rights and
to enforce them after realistically ascertaining their practical implications.
11.To stress the significance of settling disputes through negotiation, joint
consultation and voluntary arbitration.
12.The raise the status of trade union members in the industrial organization
and in the society at large.
PROBLEMS OF TRADE UNIONS:
The following are some of the most important problems of the trade unions
in India:
Multiplicity of Trade Unions and Inter-union Rivalry
Small Size of Unions.
Financial Weakness.
Leadership Issues.

 Politicalisation of the Unions

Problems of Recognition of Trade Unions
Out of the above mentioned problems only the Multiplicity of Trade
Unions and Inter-union Rivalry is selected as the topic.
MULTIPLICITY OF TRADE UNION AND INTER UNION RIVALRY:
The multiplicity of trade unions is a major problem among
the trade unions. These multiple trade unionism is seen mainly because of the
political outsiders wanting to establish their unions for their own view
of increasing their political influence although in the urban areas.
The existence of different conflict / rival organizations, with divergent political view
is greatly responsible for inadequate and unhealthy growth of the movement.
Within a single organisation one comes across a number of groups comprising or
insiders and outsiders, new-comers, and old-timers, moderates and radicals,
and high and low caste people. This develops small size unions which are not
helpful for the workers or employees and creates problems such as: 3
Rivalry between the unions
Lack of ability among the leaders and members.
Low bargaining power.
Lack of funds to help its members.
Lack of unity among workers.
India has the largest number of Trade Unions in the world but the rivalry
between the unions or the inter-union rivalry is a niggling problem. Inter-union and
intra-union rivalry undermines the strength and solidarity of the workers in many
ways. An Inter-union rivalry is mainly because of the multiplicity of unions which
ultimately cuts at the very root of unionism, weakens the power of collective
bargaining, and reduces the effectiveness of workers in securing their legitimate
rights. Therefore, there should be One union in one Industry.

3.http://books.google.co.in/books?
id=D_kuJb_DZzgC&pg=PA220&lpg=PA220&dq=multiplicity+of+trade+unions+and+inter+union+rivalry&source=bl
&ots=bQetVze3lG&sig=DuUJmlSCEX4iKeOFtW37qhMPIk&hl=en&sa=X&ei=xU8kVJj9I9KJuAT86oLQDw&ved=
0CB4Q6AEwAA#v=onepage&q=multiplicity%20of%20trade%20unions%20and%20inter%20union
%20rivalry&f=false

Practically in every important industry, there exists parallel and competing unions,
e.g. on the Indian Railways, there are two parallel Federations the Indian Railway
Mens Federation and Indian National Federation of Railway-men.
The same case could be seen in the Textile Industry in Bombay, where there are
two unions the Girni Kamgar Union (controlled by the CPI) and the Rashtria
Mazdoor Sangh (controlled by the INTUC).
As the trade unions are functioning from the plant level, there is room for
disagreement within the democratic structure of trade union. Even the absence of
any legal requirements in the greater part of the country to recognize any union as
the sole bargaining agent is a major factor which generates the wide-spread and a
bitter trade union rivalry. This problem may lead to Industrial Unrest, strikes,
gheraos etc in the organization.
Reasons Why Employees Join Unions:
Protection, Social pressure, Compulsion, Political beliefs, Solidarity,
Tradition, and Communication, Health and safety.
CODE OF CONDUCT:
The four central labour organisations (the INTUC, the AITUC, the HMS,
and the UTUC) voluntarily adopted an inter union Code of Conduct on May 21 st,
1958 to observe the following basic principles for the maintenance of harmonious
trade union relation. 4
They are:

1. Every employee in the industry or unit shall have the freedom and right to join a
union of his choice. No coercion shall be exercised in this matter.

4. http://www.slideshare.net/birubiru/management-of-industrial-relations

2. There should be no dual membership of unions.

3. There shall be unreserved acceptance of, and respect for the democratic
functioning of trade unions.
4. There shall be regular and democratic elections of executive bodies.
5. Ignorance and / or backwardness of workers shall not be exploited by any
organisation. No organisation shall make excessive and extravagant demands.
6. Cast, communalism and provincialism shall be avoided by all unions.
7. There shall be no violence, coercion, intimidation, or personal vilification in inter
union dealings.
8. All Central unions shall combat the formation or continuance of company unions.
The Southern Railway Mazdoor Vs The Railway Board:5
The concept of recognition came into vogue in the context of formation
of multiplicity of trade unions each of them claiming to be representative of the
workmen, recognition being given to the union considered to be the most
representative. Having too many recognized unions would defeat the very object of
recognition. For a long time, the objective of one union for one industry has been
advocated.
CASE LAWS
Balmer Lawrie Workers' Union Vs Balmer Lawrie And Co. Ltd.:6

Trade union movement representing the organized labor developed as an

adjunct of political party. The organized Labour as a vote banks was assiduously
wooed by political parties. Every political party with aview to controlling vote banks
5. Writ Appeal No.3168 of 2002
6. 1964 AIR 728, 1964 SCR (5) 344

set up its labour wings.

Combinations and fragmentations of politics parties

had the pernicious effect on trade union. Multiplicity of political parties had its
spill over in multiplicity of trade unions seeking to represent workmen
in an industrial undertaking or industry, as the case
of the multiplicity of unions was

may

be.

The

fall

out

inter-union and intra-union rivalry which

threatened peaceful working of the industrial undertaking or the industry.

Each union, as the unfortunate experience shows, tried to over-reach the rival
by making occasionally experience and untenable demands. The emerging situation
led to conflict and confrontation disturbing industrial peace and harmony directly
affecting production. Therefore, a need was felt that where there are
multiple unions seeking to represent workmen in an undertaking or in an
industry, a concept of recognized union must be developed. In fact, even amongst
trade union leaders there was near unanimity that the concept of recognized union as
the sole bargaining agent must be developed in the larger interest of industrial peace
and

harmony need was felt that where there are multiple unions

seeking to represent workmen in an undertaking or in an industry,

a concept of recognised,

union must be developed. 7

In fact even amongst trade union leaders there was near unanimity
that the concept of recognised unions the sole bargaining agent
must be developed in the larger interest of industrial peace and
harmony. National Commission on Labour chaired by late Shri P.B.
Gajendragadkar, former Chief Justice of India, after unanimously
and wholeheartedly expressing itself in favour of the concept of
recognised union and it being clothed with powers of

sole

bargaining agent with exclusive right to represent workmen,

addressed itself only to the question of the method of ascertaining
which amongst various rival unions must be accorded the status of
a recognised union.

7.Standing Labour Committee of the Union of India at its 29th Session held in July
1970 addressed itself to the question of recognition of trade union by the employer.

Planting itself firmly in favour of democratic principle, it was agreed

that the Union Which represents the largest number of workmen
working in the undertaking must acquire the status as that would
be

in

tune

with

the

concept

of

industrial

democracy.

The fissures arose as to the method of finding out the membership.

The Commission had before it two alternative suggestions for
ascertaining

the membership (i) verification of

membership by registers and (ii) by secret ballot. As there was a

sharp cleavage of opinion, the Commission left the question
of adopting one or the other method in a given case to the
proposed

Industrial Relations Commission which was

recommended to be set up if the recommendations of the

Commission were to be accepted. What is of importance to us is
that everyone was agreed that where there are multiple unions in
an industrial undertaking or an industry, the union having the
largest membership of the workmen must be clothed with the
status of recognised union and consequently as the sole bargaining
agent. The underlining assumption was that the recognised
union represents all the workmen in the industrial undertaking or in
the industry.
Politicalisation :

In a democracy, political influence of trade unionism cannot

be avoided. However in India, the historical development of trade
union movement was inseparably intermingled with political
movement through liberation struggle. In the initial stages, it
helped union to record rapid growth and gain considerable
influence with the government in power. In the long run, it has
become a curse for undoing the very objective of trade unionism
the unity among the working class. The disadvantages are
dependence on outside leadership who are not committed to the
organisation, exploitation of trade unions and workers strength by
political parties8 to meet their political objectives, multiplicity of
trade unions because

of the existence of multiple

political parties., Any spilt in the parental political party

8.IndianJournalofIndustrialRelationshttp://www.jstor.org/discover/10.2307/27767614?
uid=3738256&uid=2129&uid=2&uid=70&uid=4&sid=21104686233617

automatically spilt the corresponding trade unionism. Examples are

the spilt in communist party of India into CPI and CITU owing
allegiance to CPM, inter-union and intra-union rivalry and disunity
among the employees which weaken their bargaining power,
exploitation of the disunity among the union by employers in their
effort to play them, one against other.
Ranipet Greaves Employees Union Vs. The Commissioner Of
Labour:9
Where there are multiple trade unions in a management
the question of recognition comes in and the concept of sole
bargaining agent is a recognised and

accepted

concept and the trade union which enjoys the majority support
would represent the workmen.

Chairman S.B.I. & Anr. Vs. Alalssoorciisastaiosnta &teorbsa.nk officers:10

With growth of industrialization in the country and progress made in the
field of trade union activities the necessity for having multiple unions in an industry
has been felt very often. Taking note of this position power has been vested
in the management to recognize one of the trade unions for the purpose of
having

discussions

and

negotiations

in

labour

related

matters.

This arrangement is in recognition of the right of collective bargaining

of workmen/employees in an industry. To avoid arbitrariness, bias and
favoritism in the matter of recognition of a trade union Rules have been framed
laying down the procedure for ascertaining which of the trade unions commands
support of majority of workmen/employees. Such procedure is for the benefit of the
workmen/employees as well as the management/ employer since collective
bargaining with a trade union having the support of majority of workmen will help
in maintaining industrial peace and will help smooth functioning of the
establishment. Taking note of the possibility of multiple trade unions coming into
9. W.P.No.23725/2008 & M.P.Nos.1,2&3/2008
10. CASE NO.:Appeal (civil) 3337-3338 of 2002 DATE OF JUDGMENT: 06/05/2002

existence in the industry, provisions have been made in the Rules conceding certain
rights to non-recognized unions. Though such non-recognized unions may not have
the right to participate in the process of collective bargaining with the
management/employer over issues concerning the workmen in general, they have
the right to meet and discuss with the employer or any person appointed by him on
issues relating to grievances of any individual member regarding his service
conditions and to appear on behalf of their members in any domestic or departmental
enquiry held by the employer or before the conciliation officer or labour court or
industrial tribunal. In essence, the distinction between the two categories of
trade unions is that while the recognized union has the right to participate in the
discussions/negotiations regarding general issues affecting all workmen/ employees

and settlement if any arrived at as a result of such discussion/negotiations is binding

on all workmen/employees, whereas a non-recognized union cannot claim such a
right, but it has the right to meet and discuss with the management/employer about
the grievances of any individual member relating to his service conditions
and to represent an individual member in domestic inquiry or departmental inquiry
and proceedings before the conciliation officer and adjudicator.
Chairman, State Bank Of India Vs All Orissa State Bank Officers:11
The possibility of multiple trade unions coming into existence in the
industry and was of the view that, though such non- recognized unions may not have
the right to participate in the process of collective bargaining with the
employer over issues concerning the workmen in general, they had the right to meet
and discuss with the employer or any person appointed by him issues
relating to individual grievances of employees.

11. CASE NO.:Review Petition (civil) 1111-1112 of 2002 Appeal (civil) 3337-3338 of 2002

EFFECT OF POLITICS IN MULTIPLICITY OF TRADE UNIONS:

MONOPOLIST OF TRADE UNION V. MULTIPLE TRADE UNIONISMS
In fact in analysing the labour capital relations in the Indian
Textile Industry : A comparative study of Ahmedabad and
Coimbatore,

Dr.Manju Parikh of University of Chicago

in her doctoral thesis submitted in December 1988 made an

interesting comparison between the relative gain and loss between
the textile workers of Ahmedabad and Coimbatore.
While Ahmedabad is for sole bargaining agent for Textile Labour
Association (TLA) under the BIR Act, in Coimbatore, it was found

that there were multiple unions. In this context, in her concluding

remarks, she had observed as follows:
"I have examined the developments in the two industrial
relations regimes since Indian independence in the late 1940s.
Interestingly, Ahmadabads regime has created a bureaucratized,
over-institutionalized unionism with representational monopoly,
whereas Coimbatore's regime has produced highly politicized,
multiple unionism. Coimbatore's unions do not have any other
resource than

strikes to gain recognition from employers. There

are no legal provisions which guarantee employer recognition or

selection of single bargaining agents.

However, since

1972, there has been a different story. The rank and file in
Coimbatore have been successful in pressuring their leadership
and have participated in five major strikes. As results of these
agitations, the workers in Coimbatore now receive the highest
wages in the industry and higher than officially sanctioned bonus
payments.
The Workmen Vs. The Presiding Officer:
The Tribunal held that the Management has got power to transfer the
workmen from one station to another station. The Tribunal also appreciated the
argument of the Management that if small groups of people are allowed to form
separate trade unions, it will lead to multiplicity of unions and will hamper the
administrative functions of the employers.12
Nadodi Jayaraman Etc Vs. State Of Tamil Nadu:13
In this case a person was murdered because of an inter union rivalry for the
leader post which was vacant in the Trade Union. The Judgement of the Court
was delivered by DR. A.S.ANDND J. Trade union rivalry and fight for leadership,

power and influence in the trade union, claimed the life of Prathab Chandran on
15th of June 1972 at the Simpson Plant Sembium.
Shanmugam Vs. The Government Of Tamil Nadu:14
The petitioner union had secured 57.31% votes and subsequently,
by a Government Order, it was recognized as a sole bargaining agent, there is no
option to the respondents except to deal with the petitioner's trade union alone and
they cannot deal with any minority union. Otherwise, it will negate the purpose of
recognition granted to the petitioner. Therefore, the respondents calling upon meeting
of all trade unions on 11.8.2011 was illegal and that the petitioner union had sent a
protest letter. It was contended that in order to avoid multiplicity of trade unions,
a

single

majority

union

is

recognised

as

sole

bargaining

agent.

Any attempt by the respondents transport corporations to deal with the other unions
would amount to an unfair labour practice which is prohibited under
Vth Schedule to the Industrial Disputes Act.

12. http://www.indiankanoon.org/
13. 1992 SCR (2) 794, 1992 SCC Supl. (3) 161
14. W.P.No.19426 of 2011 and M.P.No.1 of 2011

The Management Of TI Cycles of India, Ambattur, Madras Vs. The Presiding

Officer:15
The instigation of the workman, the workers had indulged in work
stoppage. The Management sent a complaint to the Deputy Superintendent of Police
that they had only sought for security to the factory and there was no reference to the
conduct of the workman. In the complaint there was a reference to 9 workers and also

it showed that there were three trade unions functioning in the factory and
it was because of inter union rivalries, certain incidents had taken place.
The Labour Count found though action was taken against 18 workers,
due to the intervention of the conciliation officer, the enquiry was held only against 9
workers.
T.Thamilmaran Vs. The Tamil Nadu Civil Supplies Corporation:16
The writ petition is filed by the petitioner seeking to challenge an order of
suspension dated 9.9.2011. By the impugned order of suspension, the petitioner
who was working as an Assistant Quality Inspector, was placed under suspension in
public interest. The order also stated that the petitioner was responsible for making
double payment to the Mettupalayam Agricultural Cooperative Society in the
purchase of empty gunny sacks . the petitioner being the Assistant Quality Inspector at
Mettupalayam godown was no way responsible. He had also stated as to how the said
payments could have happened. It was claimed by him that he was Regional Treasurer
of the TNCSC Employees Union which is affiliated to the Labour Progressive
Federation which is the labour wing floated by the Dravida Munnetra Kazhagam,

15.W.P.No.15101 of 2001 and W.P.No.620 of 2002

16. W.P.No.21533 of 2011 and M.P.Nos.1 and 2 of 2011

the previous ruling party. It is stated that there was an inter-union rivalry between the
LPF and the Indian National Trade Union Congress (INTUC). They gave pressure to
the second respondent Managing Director and that the Managing Director had ordered
placing the petitioner under suspension, besides initiating disciplinary action. But no
suspensions were made against the other officers of the administration. It was claimed
that those three officers, i.e. Assistant Manager K.Gowrimanavalam, Deputy Manager
R.Chandran and Manager (Administration) K.Venugopal belonged to ATP labour wing

of AIADMK. The suspension has been made only against the petitioner and two
others on 9.9.2011, who were incidentally belonged to same LPF union. Therefore, it
was contended that the power of the Managing Director relating to suspension is only
confined to the power of review on the need to continue a suspension. But the service
regulations do not visualize the Managing Director to decide the issue of suspension.
By the communication, dated 8.9.2011, the second respondent Managing Director had
directed the third respondent Senior Regional Manager to place the petitioner under
suspension. Hence it is ultravires. When once the statute prescribed a particular
procedure, it has to be followed only by way of procedure and not in any other
manner. Using the suspension selectively and not passing the similar order against the
other officers will clearly show there was discrimination.
Tamil Nadu State Transport vs State Of Tamil Nadu:17
"Multiplicity of political parties had its spill-over in multiplicity of trade
unions seeking to represent workmen in an industrial undertaking or industry, as the
case may be. The fallout of the multiplicity of such unions was inter-union and intraunion rivalry which threatened the peaceful working of the industrial undertaking or
the industry. Each union, as the unfortunate experience shows, tried to overreach the
rival by making occasionally exorbitant and untenable demands", interest of the
workers should not be lost in the heat of inter-union rivalry.
17. W.P. No.20038 of 2001 and W.P.Nos, 5929, 7383 and 40284 of 2002

CONCLUSION:
The problem of trade union rivalry is a vexing problem among the trade
unions of the country mainly because of the multiplicity of trade unions and also for
the view of increasing their political influence mainly in the urban areas of the
country. The growth of small sized unions have lessened the strength of the trade
unions which have greatly affected the workers as it weakens the power of collective

bargaining, and reduces the effectiveness of workers in securing their legitimate

rights. The method of divide and rule is seen in the case of trade union in the
present day world.
SUGGESTIONS:
In regard to the inter-union rivalry, the National Commission of Labour
recommended the following suggestions by which the inter union rivalry could be
reduced:
i.

Building of internal leadership within the unions in order to

eliminate party politics and outsiders;

ii.

Promotion of collective bargaining through recognition of sole

bargaining agents,

iii.

Improving the system of union recognition;

iv.

Encouraging unions security; and

v.

Empowering the labour courts to settle inter union disputes, if the

concerned central organisation is unable to resolve these.

It is regrettable to note that these recommendations have not yet been

implemented by the government.

CONTENT

INTRODUCTION
HISTORY
TRADE UNIONS IN INDIA
DEFINITION
FUNCTIONS OF THE TRADE UNION
PROBLEMS OF TRADE UNIONS
MULTIPLICITY OF TRADE UNION AND INTER UNION RIVALRY
CODE OF CONDUCT
CASE LAWS
CONCLUSION
SUGGESTIONS

LABOUR LAW

TRADE UNIONS IN INDIA

NAME:SINGARAVELAN.J
CLASS:IV-BSEC
BA.BL(HONS)
REG NO:H11118